Practical Guidance
Time-saving Solutions
Knowledgeable Insights

Disclaimers in Estate Planning

Select a format

eBook :epub
ISBN: 9781614384304
In Stock
Price
$139.95
QTY
eBook :mobi
ISBN: 9781614384304
In Stock
Price
$139.95
QTY
International Order Inquiry

Product details

View a sample of this title using the ReadNow feature

Disclaimers are governed by both state and federal law. Section 2518 introduced the term "qualified disclaimer" for federal transfer tax purposes, but has little impact on the state law of disclaimers, and does not apply to disclaimers made before 1977. For those earlier disclaimers (which will be fairly rare) the tax law that applies involves a tangle of historical decisions, rulings and regulations. All of this requires that the first thing a practitioner must do when determining whether a disclaimer is appropriate is to determine which federal law applies and how state law will affect it. Disclaimers in Estate Planning by Christopher P. Cline assists the estate planner in making those determinations, understanding the applicable Uniform Acts involved and the specific issues raised by Section 2518, and creating the best strategies and techniques for effectively utilizing disclaimers. Topics covered include:

 •  State disclaimer laws
 •  Federal tax law of pre-1977 transfers
 •  Federal tax law of the qualified disclaimer (Section 2518)
 •  General transfer tax uses of disclaimer
 •  Using disclaimers for credit shelter drafting and repairs
 •  More sophisticated tax disclaimer techniques
 •  Disclaimer planning with generation-skipping transfers
 •  Disclaimers for income tax planning and creditor avoidance
 •  Potential disclaimer problems

Table of Contents

About the Author 

Chapter 1 INTRODUCTION AND OVERVIEW

Chapter 2 STATE DISCLAIMER LAWS

Chapter 3 STATE DISCLAIMER LAWS – PARTICULAR INTERESTS

Chapter 4 FEDERAL TAX LAW OF PRE – 1977 TRANSFERS

Chapter 5 FEDERAL TAX LAW OF THE QUALIFIED DISCLAIMER – SECTION 2518

Chapter 6 SECTION 2518 – SPECIFIC ISSUES

Chapter 7 GENERAL TRANSFER TAX USES OF DISCLAIMER

Chapter 8 USING DISCLAIMERS FOR CREDIT SHELTER DRAFTING AND REPAIRS

Chapter 9 MORE SOPHISTICATED TAX DISCLAIMER TECHNIQUES

Chapter 10 DISCLAIMER PLANNING WITH GENERATION-SKIPPING TRANSFERS

Chapter 11 DISCLAIMERS FOR INCOME TAX PLANNING

Chapter 12 DISCLAIMER PLANNING FOR CREDITOR AVOIDANCE

Chapter 13 POTENTIAL DISCLAIMER PROBLEMS